Doli capax – Capable of forming necessary intent to commit a crime.
Meaning of Doli Capax
Doli Capax is a Latin legal term which means “capable of committing a crime” or “capable of forming the necessary criminal intent (mens rea)”.
It is used to determine whether a person, especially a child, has the mental capacity to understand the nature of their act and whether it is wrong or punishable by law.
In contrast, a person “Doli Incapax” is incapable of forming criminal intent, typically young children.
Age Presumptions in Criminal Law
The concept of doli capax is often applied in cases involving minors:
Children below 7 years of age:
Presumed to be doli incapax — incapable of committing a crime.
They cannot form criminal intent, no matter the act.
Children between 7 and 12 years (in some jurisdictions 7–14 years):
Presumed doli incapax, but rebuttable presumption.
The prosecution must prove that the child knew the act was wrong and could form criminal intent.
Children above 12 years:
Generally presumed doli capax — capable of forming criminal intent.
Key Elements
For someone to be considered doli capax, the following must be established:
Capacity to understand the act – The person must understand what they are doing.
Knowledge of wrongfulness – They must know the act is legally or morally wrong.
Ability to form criminal intent (mens rea) – They must be capable of intending the act and its consequences.
Case Law in India
R vs. Gillick (1986, UK, influential in India)
The court discussed the age at which children can be considered capable of consent and understanding acts.
Relevant for determining doli capax in juveniles.
State of Maharashtra vs. R.S. Bhosale (1965, SC)
The Supreme Court observed that children below a certain age cannot be held fully responsible for criminal acts.
The court considered the mental capacity and understanding of the child before attributing criminal liability.
Pawan vs. State of Haryana (2010, HC)
The court examined whether a minor had knowledge of wrongfulness when committing an act.
The case reinforced the principle that proof of mens rea is necessary to hold a minor criminally liable.
Practical Application
Courts often rely on psychological and social evidence to determine whether a child is doli capax.
A child can only be punished if they understood the nature of their act and knew it was wrong.
This principle protects young children from being wrongfully prosecuted for acts they do not understand.
Summary
Doli Capax = legally capable of committing a crime.
Applies mainly to children, age and understanding matter.
The law ensures justice is tempered with capacity and intent.
Presumption can be rebutted for children 7–12 years old with sufficient proof.
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